jsalcedo noted that committing crimes in Texas at night, expect to be shot. That is probably true anywhere. HOWEVER, we do have specific laws for this, somewhat alluded to by Smoke, but they are very specific. You don't have the right to just shoot somebody for breaking the law. It has to pertain to your property if you are not in an actual self defense situation and you have to believe that you have no other reasonable manner of retaining or regaining said property. For example, if two teenagers were trying to push your car out of your driveway at night and the car was still locked, in park, and obviously not moving, you would not have any reasonable belief that the teenagers were actually going be able to get away with your car by how they were attempting to do so and so shooting them would not be justified...even if they really were trying to steal it.
If the shooter was not a person with a car or other property being burgled, then he committed attempted murder which apparently succeeded. The law in Texas does not allow for the protection of somebody else's property in such a situation.
Of course, the shooter could have thought the burglar raised a weapon, feared for his life, and hence shot the guy in the buttock. It would be a hard sell, but such shots from the back have been justified in the past here in Texas.
Pelvis shots are not good shots to make in terms of expecting a stop? Sure enough, as shots of a last resort. Shooting the pelvis first does ZERO to incapacitate the person's fighting abilities if they have a gun. The bad guy in this case apparently did not and so he did not return fire. No doubt he would have returned fire if he had a gun.
As a final note, the title of the article was completely stupid. The person doing the shooting was NOT a bystander. Once you start participating in an aggressive manner, then you are no longer a bystander, but a player.